View Expressed By The Majority Is In Accordance With Law: Apex Court While Dismissing Review Petitions Against Same-Sex Marriage Judgment
The Supreme Court on Thursday dismissed review petitions challenging its October 2023 judgment that refused to recognize the rights of same-sex couples to marry or form civil unions.
The 5-Judge Bench of Justice BR Gavai, Justice Surya Kant, Justice BV Nagarathna, Justice PS Narasimha, and Justice Dipankar Datta concluded that there was no apparent error in the earlier decision and that no interference was warranted.
"We have carefully gone through the judgments delivered by Hon’ble Mr. S. Ravindra Bhat (Former Judge) speaking for himself and for Hon’ble Ms. Justice Hima Kohli (Former Judge) as well as the concurring opinion expressed by one of us (Hon’ble Mr. Justice Pamidighantam Sri Narasimha), constituting majority view. We do not find any error apparent on the face of the record. We further find that the view expressed in both the judgments is in accordance with law and as such no interference is warranted. Accordingly, the review petitions are dismissed," the Bench stated.
It is to be noted that the dismissed review petitions sought reconsideration of the Apex Court's October 17, 2023, Judgment by a previous Constitution Bench led by then Chief Justice DY Chandrachud.
In its October decision, the Bench ruled that the current legal framework in India does not recognize the right of same-sex couples to marry, form civil unions, or adopt children. It held that these matters fall within the purview of the legislature, emphasizing that the judiciary cannot create such rights through judicial interpretation.
The Judgment featured:
1. A majority opinion by Justices S Ravindra Bhat, Hima Kohli, and PS Narasimha, denying recognition of same-sex marriages, civil unions, or adoption rights.
2. Concurring opinions by Justice Narasimha, supporting the majority view.
3. Dissenting opinions by then-CJI Chandrachud and Justice Sanjay Kishan Kaul, who favored recognizing civil unions for same-sex couples and granting them consequential legal benefits.
The Bench had unanimously ruled that the right to marry is not an unqualified fundamental right, and same-sex couples cannot claim it as such.
After the Judgment in October 2023, the Central Government had constituted a Committee to examine and submit recommendations on issues regarding the rights of the queer community in India following the Supreme Court’s directives. Chaired by the Cabinet Secretary, the committee comprised the officials/members from key ministries, including Home Affairs, Women and Child Development, Health and Family Welfare, Law and Justice, and Social Justice and Empowerment. The committee has also been granted the authority to co-opt experts and additional officers as necessary.
Cause Title: Supriyo @Supriya Chakraborty & Anr.
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